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PROZERALIK v. DiCIENZO

170 A.D.2d 1034 (1991)

John Prozeralik et al., Respondents, v. Dino DiCienzo, Sr., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 1, 1991

Order unanimously reversed on the law with costs and motion denied.

Memorandum:

Supreme Court should have denied plaintiffs' motion for a preliminary injunction enjoining defendants from the use of the name "John's Flaming Hearth" in connection with a restaurant and hotel defendants purchased from plaintiffs. An addendum to the purchase agreement provided: "The sale and transfer provided for in the Agreement is...

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